GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Notice requesting comments on a proposal to establish a public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants

Notice is hereby given that Citizenship and Immigration Canada (CIC) intends to establish a public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants. CIC is soliciting written comments from all interested parties on this proposed approach.

Summary

In general terms, this Notice of Intent announces CIC’s intention to establish a public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants. The body identified for recognition would be required to demonstrate that it has the capacity to effectively regulate immigration consulting activities in the public interest. The Notice also signals the possibility of a future proposal to realign the Immigration and Refugee Protection Regulations (the Regulations) based of the results of the public selection process.

Background

Regulation of immigration consultants was first introduced in 2004. In April of that year, the Immigration and Refugee Protection Act (IRPA) was amended to ensure that no person who was not an authorized representative could, for a fee, represent, advise or consult with a person who was the subject of a proceeding or application under the IRPA (see section 13.1 of the Regulations). The term “authorized representative” was defined in the amendments (see section 2 of the Regulations) as a member in good standing of a bar of a province, the Chambre des notaires du Québec or the Canadian Society of Immigration Consultants (CSIC).

These Regulations were introduced both in response to unacceptable practices in the immigration consulting industry which left applicants vulnerable to bad advice, excessive fees and exploitation, as well as the threat these practices posed to Canada’s long-term immigration objectives.

The Canadian Society of Immigration Consultants, the current governing body, was established in 2003 as an independent, federally incorporated not-for-profit body operating at arm’s-length from the federal government and responsible for regulating paid immigration consultants (other than lawyers and members of the Chambres des notaires du Québec). CSIC currently has a membership of over 1 600 consultants and continues to act as the sole governing body of immigration consultants. CSIC’s mandate is to protect the consumers of immigration consulting services while ensuring the education, competency testing and discipline of its members.

The provision of professional and ethical services by immigration consultants reduces fraud and other unacceptable behaviours, and is essential in protecting the consumers of immigration services and in ensuring the public’s confidence in Canada’s immigration programs.

The Standing Committee on Citizenship and Immigration undertook a study of the immigration consulting industry and summarized its findings in a report titled Regulating Immigration Consultants. This Report, supported by a 2009 Report titled Migrant Workers and Ghost Consultants, points to a lack of public confidence in the body currently governing immigration consultants. A lack of public confidence poses a significant threat to the immigration system, given the regulator’s role with respect to the integrity of the system as a whole. The establishment of a public selection process contemplates these concerns — with the objective of identifying a governing body for recognition as the regulator of immigration consultants. It is intended that the body identified would have the capacity to effectively regulate immigration consultants so as to ensure public confidence in the integrity of the immigration program through the regulation of the provision of professional and ethical services by its membership.

Proposal

A competitive public selection process will be pursued in order to identify the entity best able to demonstrate capacity to effectively regulate immigration consultants. Selection factors will be established to ensure that the entity identified for recognition as the regulator of immigration consultants has the capacity to effectively regulate. CIC intends to engage external expertise in its establishment of factors in identifying a body for recognition as the regulator of immigration consultants. These specific selection factors will ensure that the entity identified in the selection process will be able to efficiently and effectively manage its membership in support of Canada’s immediate and long-term immigration objectives as well as in support of the Canadian public’s confidence in the immigration system.

Subsequent to the identification of the governing body, the following regulatory alignment may be proposed and would be pre-published in the Canada Gazette, Part I, at a later date:

• Naming of a governing body for immigration consultants, and, if necessary, removal of the reference to the current governing body of immigration consultants; and
• Inclusion of transitional measures, if required, for members in good standing of the current governing body of immigration consultants — both to ensure continuity of service provision to persons associated with a proceeding or application under IRPA and to protect the membership of the current governing body in order to ensure of smooth transition.

Comments

Immigration consultants and other interested parties are requested to provide their comments on this Notice of Intent in writing, to the person named below at the address provided, before July 2, 2010.

Comments would be appreciated on

• the proposed public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants to ensure integrity in the immigration program through the provision of ethical and professional services by its membership.

Questions and requests for additional information, as well as comments regarding this Notice of Intent, may be directed to Catherine Marx, Senior Policy Analyst, Social Policy and Programs, Citizenship and Immigration Canada, 365 Laurier Avenue W, 8th Floor, Ottawa, Ontario K1A 1L1, 613-957-3577 (telephone), 613-941-9014 (fax), catherine.marx@cic.gc.ca (email).

SANDRA HARDER
Acting Director General
Immigration Branch

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to recommend that mercury compounds be added to Schedule 1 of the Canadian Environmental Protection Act, 1999 under subsection 90(1) of the Act

Whereas the Governing Council of the United Nations Environment Programme accepted in 2003 the key findings made in the Global Mercury Assessment Report on mercury and its compounds, carried out by the Executive Director of the United Nations Environment Programme, in cooperation with members of the Inter-Organization Programme for the Sound Management of Chemicals and the work undertaken by the Global Mercury Assessment Working Group;

Whereas the Governing Council of the United Nations Environment Programme found that there is sufficient evidence of significant global adverse impacts from mercury and its compounds to warrant further international action to reduce the risks to human health and the environment from the release of mercury and its compounds to the environment; and

Whereas the Ministers therefore believe that mercury compounds meet one or more of the criteria set out under section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999),

Notice is hereby given that the Minister of the Environment and the Minister of Health intend to recommend to the Governor in Council that mercury compounds be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.

Public comment period

Any person may, within 60 days of publication of this Notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3. Comments can also be submitted by fax at 819-953-7155 or by email to Existing.Substances.Existantes@ec.gc.ca.

Any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

GEORGE ENEI
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

MARGARET KENNY
Director General
Chemicals Sector Directorate
On behalf of the Minister of the Environment

KAREN LLOYD
Director General
Safe Environments Directorate
On behalf of the Minister of Health

EXPLANATORY NOTE

This Notice of Intent is published to solicit the views of the public on the intent of the Minister of the Environment and the Minister of Health to recommend to the Governor in Council to make an order to add mercury compounds to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) under subsection 90(1) of the Act.

1. Context

Mercury is listed at item 8 of the List of Toxic Substances in Schedule 1 to the Act. This item designates elemental mercury and does not include mercury compounds. A series of preventive and control measures are currently in place to manage the risks that elemental mercury poses. Adding mercury compounds will enable the risks posed by mercury compounds to be addressed.

The Governing Council of the United Nations Environment Programme (UNEP) found that there is sufficient evidence of significant global adverse impacts from mercury and its compounds to warrant further international action to reduce the risks to human health and the environment from the release of mercury and its compounds to the environment. These substances are part of a global cycle and all contribute to the environmental loadings of the more toxic forms of mercury such as methylmercury, which persists in the environment, accumulates in organisms, and is toxic to humans and organisms in the environment.

2. Rationale for action

In 1988, “mercury” in its elemental form, was added to the original Canadian Environmental Protection Act (later repealed and replaced by CEPA 1999). Prior to 1988, mercury was regulated under the Clean Air Act, now repealed.

At the international level, the Governing Council of the United Nations Environment Programme accepted the key findings of the UNEP Global Mercury Assessment Report on mercury and its compounds in 2003.

This Global Mercury Assessment Report was prepared in response to the request of the Governing Council that a global assessment of mercury and mercury compounds be undertaken, in cooperation with other members of the Inter-Organization Programme for the Sound Management of Chemicals. This global assessment concluded that there is sufficient evidence of significant global adverse impacts from mercury and mercury compounds due to human activities to warrant further immediate international action to reduce the risks to human health and the environment from the release of mercury and its compounds.

Specifically, the UNEP global assessment concluded that mercury and its compounds are “highly toxic substances” that have caused a variety of documented, significant adverse impacts on human health and the environment throughout the world. Mercury is rarely found in nature as the pure, liquid metal, but rather within its compounds. Mercury usually makes monovalent [Hg/(I)] or divalent [Hg/(II)] bonds with other compounds or inorganic salts. The majority of organic and inorganic compounds of mercury are formed with the mercuric cation [Hg/(II)] because it is more stable. Some mercury compounds (e.g. methylmercury) can build up in organisms (bioaccumulate) and increase in concentration as they move up in the food chain (biomagnify).

It is explained in the UNEP global assessment that mercury and its compounds can transform in the environment via a range of abiotic and bio-geochemical reactions. Once mobilized, mercury persists in the environment where it circulates in air, water, sediments, soil and biota in various inorganic and organic forms. Furthermore, mercury is capable of being transported over long distances in the air, and releases can be deposited elsewhere.

Recent academic research has shown that industrial activities have increased atmospheric mercury deposition and global mercury contamination up to three-fold since pre-industrial times. While Environment Canada reports that Canada has drastically reduced its mercury releases (90% since the 1970s), biota in the Canadian environment are still being adversely affected by mercury and its compounds. Canadian research included in the UNEP global assessment shows that the levels of mercury in Arctic ringed seals and beluga whales have increased two- to four-fold over the last 25 years in some areas of the Canadian Arctic and Greenland. Surveys have shown that approximately 30% of Ontario lakes sampled contained small fish (<250 g) with mercury concentrations averaging more than 0.3 ppm, the level suggested as the dietary threshold to avoid severe reproductive impairment in fish-eating birds (loons).

The impacts of mercury and mercury compounds are evident in all regions of Canada. Currently, Environment Canada reports that many fish advisories in Canada, which recommend to limit the consumption of specific types and sizes of fish in certain water bodies, are due to high levels of mercury. There is particular concern for subsistence fishers who eat large quantities of fish as part of their traditional lifestyles.

Based on the findings of the Global Mercury Assessment Report, it is considered that mercury compounds are entering the environment in a quantity or concentration that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Mercury and its compounds constitute or may constitute a danger to the environment on which life depends. In addition, mercury and its compounds may be entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. Therefore, it is considered that mercury and its compounds do meet one or more of the criteria set out in section 64 of CEPA 1999.

Adding mercury compounds to Schedule 1 of the Act will enable the Ministers to recommend the making of proposed regulations or other instruments respecting preventive or control actions in relation to mercury compounds to reduce the associated risks to human health and to the environment. It will also allow Canada to align itself with potential international actions such as those currently being proposed and respond to the UNEP Global Mercury Programme, including further international action to reduce risks associated with mercury compounds to human health and the environment.

The Global Mercury Assessment Report produced by the United Nations Environment Programme (UNEP Chemicals) is available at www.chem.unep.ch/mercury/report/final%20assessment%20report.htm.

3. Proposed scope

The proposed amendment would cover all mercury compounds.

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DEPARTMENT OF INDUSTRY

ELECTRICITY AND GAS INSPECTION ACT

Delegation of authorities by the President of Measurement Canada

Notice is hereby given, pursuant to subsection 4(2) of the Electricity and Gas Inspection Regulations, that the President of Measurement Canada, pursuant to subsection 4(1) of the Regulations, proposes to delegate to the organization set out in column I of the Schedule, the functions under the Electricity and Gas Inspection Act set out in column II thereof.

SCHEDULE

Electricity and Gas Inspection Regulations

June 12, 2010

ALAN E. JOHNSTON
President
Measurement Canada

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGSO-001-10 — Decisions on the transition to Broadband Radio Service (BRS) in the band 2500-2690 MHz and consultation on changes related to the band plan

This notice announces the decisions from the consultation process undertaken in Canada Gazette notice No. DGRB-00509 — Consultation on transition to Broadband Radio Service (BRS) in the band 2500-2690 MHz. This notice also announces the release of the consultation on changes related to the band plan, including the possible mapping of incumbents into a new band plan.

The Department will release a separate decision paper in the near future concerning the conditions of licence related to Research and Development, as proposed for BRS, and Learning Plans, which apply to Multipoint Communication System (MCS) licences.

Submitting comments

Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word or Adobe PDF) to the following email address: spectrum.operations@ic.gc.ca, along with a note specifying the software, version number and operating system used.

Written submissions should be addressed to the Senior Director, Spectrum Management Operations, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (DGSO-001-10). Parties should submit their comments no later than August 11, 2010, to ensure consideration. After the close of the comment period, all comments received will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at the following address: www.ic.gc.ca/spectrum.

The Department will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until September 10, 2010.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

June 4, 2010

FIONA GILFILLAN
Director General
Spectrum Management Operations Branch

PAMELA MILLER
Director General
Telecommunications Policy Branch

MARC DUPUIS
Director General
Engineering, Planning and Standards Branch

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMBR-001-10 — Changes to the protection criteria for channels separated by 600 and 800 kHz in FM broadcasting

Notice is hereby given that Industry Canada is publishing amendments to Broadcast Procedures and Rules, Part 3: Application Procedures and Rules for FM Broadcasting Undertakings (BPR-3), Section C-1.6, with respect to the protection criteria for channels separated by 600 and 800 kHz.

The present notice introduces additional measures by revising the rules for the implementation of FM stations separated in frequency from (an) incumbent station(s) by 600 or 800 kHz. These changes are intended to explicitly define and clarify the criteria to be considered, as well as the responsibilities for acceptance of interference to and from the proposed station, and remedial measures required.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

June 12, 2010

MARC DUPUIS
Director General
Engineering, Planning and Standards Branch

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-012–10 — Release of SRSP-303.65, Issue 2

Notice is hereby given that Industry Canada is releasing Standard Radio System Plan 303.65 (SRSP-303.65), Issue 2: Technical Requirements for Wireless Broadband Services (WBS) in the Band 3650-3700 MHz, which sets out the minimum technical requirements for the efficient utilization of this band.

General information

SRSP-303.65, Issue 2, will come into force as of the date of publication of this notice. Issue 2 of SRSP-303.65 updates Section 9, which outlines a licensee’s international coordination obligations for the sharing of the 3650-3700 MHz frequency band along the Canada-United States border regions. These technical rules form the basis of the frequency sharing arrangement concluded with the United States for this band; final adoption of this arrangement is subject to the treaty adoption processes of both Canada and the United States.

Any inquiries regarding SRSP-303.65 should be directed to the Manager, Fixed Wireless Planning, 613-990-4792 (telephone), 613-952-5108 (fax), srsp.pnrh@ic.gc.ca (email).

Interested parties should submit their comments within 120 days of the date of publication of this notice. Soon after the close of the comment period, all comments received will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Submitting comments

Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word or Adobe PDF) to the Manager, Fixed Wireless Planning, for this SRSP, along with a note specifying the software, version number and operating system used.

Written submissions should be addressed to the Director General, Engineering, Planning and Standards Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (SMSE-012-10).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

May 28, 2010

MARC DUPUIS
Director General
Engineering, Planning and Standards Branch

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NOTICE OF VACANCY

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION

Vice-Chairperson (Broadcasting) [full-time position]

Salary range: $190,400–$224,000
Location: National Capital Region

The Canadian Radio-television and Telecommunications Commission (CRTC) is an independent regulatory body, established under the Canadian Radio-television and Telecommunications Commission Act. As a member of the Canadian Heritage Portfolio, the CRTC is responsible for regulating and supervising all aspects of the Canadian broadcasting system with a view to implement the broadcasting policy set out in the Broadcasting Act. It also regulates telecommunications in Canada to implement the policy set out in the Telecommunications Act. The CRTC’s role is thus to maintain a delicate balance “in the public interest” between the cultural, social and economic goals of the legislation on broadcasting and telecommunications. The CRTC is accountable for its activities to Parliament through the Minister of Canadian Heritage.

Reporting to the Chairperson of the CRTC, the Vice-Chairperson is responsible for assisting the Chairperson in providing effective leadership to the Commission, assuming responsibility for broadcasting issues, and for providing executive support in the management of an independent regulatory body.

The successful candidate should possess a degree from a recognized university in a relevant field of study or an acceptable combination of education, job-related training and/or experience. Extensive experience in providing corporate direction and leadership is required, as well as experience in the operation and conduct of a quasi-judicial tribunal, an agency or an equivalent. The qualified candidate should possess proven senior level decision-making experience with respect to sensitive and complex issues. The position requires experience in developing, maintaining and managing successful stakeholder relationships and partnerships within and outside an organization. Experience formulating cultural or regulatory policy would be considered an asset.

The suitable candidate should possess extensive knowledge of the legislative framework and mandate of the CRTC, as well as knowledge of the theories, practices and procedures related to administrative justice, especially related to quasi-judicial bodies. An understanding of the relevant global, societal, economic trends, stakeholders concerns, the government’s policy agenda and how it relates to the CRTC, its work, as well as the sectors under the CRTC’s responsibilities is necessary. The selected candidate should also be knowledgeable of the regulatory environment in which the broadcasting and telecommunications industries operate in Canada and abroad. Knowledge of broad issues related to media convergence would be an asset.

The ideal candidate’s strong analytical skills and impartiality will allow him/her to interpret relevant statutes, regulations, policies and other documents and analyze complex situations in order to make fair, equitable and timely decisions and recommendations while anticipating their short- and long-term consequences. The ability to conduct a fair and efficient quasi-judicial hearing is also required. Possessing superior interpersonal skills and sound judgment, the chosen candidate will demonstrate high ethical standards and integrity and should have the ability to build consensus and to develop effective working relationships and promote meaningful dialogue with a variety of stakeholders and partners. The suitable candidate should also possess superior communication skills, both written and oral.

To respect the unique needs of the French-language broadcasting services in Quebec, a francophone is preferred.

The successful candidate must be a Canadian citizen under the terms of the Citizenship Act, or a permanent resident as defined in the Immigration and Refugee Protection Act. He/she is not eligible to be appointed if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, he/she is engaged in a telecommunications undertaking, or has any pecuniary or proprietary interest in a telecommunications undertaking, or in the manufacture or distribution of telecommunication apparatus, except where the distribution is incidental to the general merchandising of goods by wholesale or retail.

The successful candidate must be prepared to relocate to the National Capital Region or to a location within reasonable commuting distance, and be prepared to travel regularly across Canada.

The Government is committed to ensuring that its appointments are representative of Canada’s regions and official languages, as well as of women, Aboriginal peoples, disabled persons and visible minorities.